RAKESH KUMAR Vs. STATE

JUDGEMENT

(1.) The appellants have assailed the impugned judgment dated 30th July, 1998 passed by the learned Additional Sessions Judge, Delhi whereby the appellants have been convicted for the offence under Sections 302/325 read with Section 34 of the Indian Penal Code (hereinafter referred to as "IPC"). Vide order on sentence dated 31st July, 1998, the appellants were sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/- under Sections 302/34 IPC and in default of payment of fine, the appellants shall further undergo rigorous imprisonment for a period of six months. The appellants were also sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.500 each, in default whereof, RI for three months under Sections 325/34 IPC. Both the sentences were ordered to run concurrently.

(2.) The case as unfolded by the prosecution is that on 11.12.1994 on receipt of DD No.7A, ASI Sri Bhagwan along with Constable C.J. Thomas reached at Din Dayal Upadhaya Hospital and obtained MLC of injured Ram Kumar who was under the observation of the doctor and was declared unfit for making any statement. The injured was referred for skull x-ray by the doctor, on the way to which the injured Ram Kumar succumbed to the injuries. ASI Sri Bhagwan met Shri Balwant Singh, father of the deceased Ram Kumar in the hospital. Balwant Singh made a statement regarding the occurrence of the incident. ASI Sri Bhagwan made his endorsement and sent rukka to the police station for registration of the case. SHO, PS Kanjhawla along with his staff reached the hospital. Complainant Balwant Singh was also sent for medical examination but on account of rush in the hospital and also on account of apprehension of the complainant about well being of his family members and keeping in view his request that first he wanted to go home, ASI Sri Bhagwan along with SHO and complainant Balwant Singh reached Village Kanjhawla. At the instance of Balwant Singh, police inspected the spot of incident and recorded the statement of Raj Singh, Narinder, Suraj Bhan and Ram Pat. Balwant Singh was also medically examined at Din Dayal Upadhayay Hospital and thereafter the investigation was taken over by Inspector Bhatia of Special Investigating Unit.

(3.) On 12.12.1994, the Investigating Officer visited Din Dayal Upadhaya Hospital and in the presence of Balwant Singh and Mangey Ram, he conducted the inquest proceedings in respect of the deceased Ram Kumar. He filled the inquest form, prepared brief facts and recorded the statements of Balwant Singh and Mangey Ram and also prepared an application for post mortem examination. Thereafter post mortem examination was conducted and clothes of the deceased were sealed and kept in a safe custody in a sealed parcel.